LOYALTY TERMS AND CONDITIONS

MY ELEMENT TERMS AND CONDITIONS

Effective Date: 14th September 2021

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY. BY PARTICIPATING IN THE MY ELEMENT PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN THE MY ELEMENT PROGRAM.

The My Element loyalty program (hereinafter “Loyalty Program”) is a customer loyalty program offered by Ug Manufacturing Co Pty Ltd (for Australian residents) and Ug Manufacturing Co NZ Ltd (for New Zealand residents) (“Boardriders,” “Company,” “we” or “us”) to customers who meet the eligibility requirements described below. Loyalty Program is valid online in Australia and New Zealand on the Element website (hereafter, the “Sites”), and at participating retail stores in Australia and New Zealand (hereafter, the “Stores”).

When you create a user account on the Element website and confirm your agreement to Loyalty Program Terms and Conditions, you will be enrolled in Loyalty Program. By creating an account and/or enrolling in Loyalty Program, you agree (or, if you are under the age of majority, you have obtained your parent or legal guardian’s consent) to participate in Loyalty Program. By participating in Loyalty Program, you will be subscribed to receive communications from Element, some of which may be commercial in nature.

1. Acceptance of Terms and Conditions of Membership in Loyalty Program is available to any person who is a resident of Australia or New Zealand, is at least 18 of age (or has obtained parent or legal guardian’s consent if under 18) at the time of enrolment in the program. By submitting an application for membership in Loyalty Program, you represent that you meet these eligibility requirements. Employees, officers, directors, agents and representatives of Company are ineligible for membership in Loyalty Program.

EXCEPT TO THE EXTENT PROHIBITED BY LAW, Company may at any time, in its sole discretion, alter, limit, or modify the Loyalty Program rules, regulations, Rewards (as defined in Section B below), eligibility for membership, or any other feature of Loyalty Program or may suspend or terminate Loyalty Program at any time in its sole discretion, without giving you prior notice. In such instance, your Points (as defined in Section B below) may terminate or expire. Moreover, Company reserves the right to terminate your account and/or your participation in Loyalty Program if Company determines in its sole discretion that you have violated these Terms and Conditions, you have more than one (1) Loyalty Program account, or that the use of your account or any content or materials owned by Company is disruptive, unauthorised, deceptive, fraudulent or otherwise unlawful. Points accumulate only on personal sales and, should Company determine you are accumulating Points through purchases made for a business, trade account or other non-personal purposes, Company reserves the right to not award Rewards, terminate your account and/or your participation in Loyalty Program. Additionally, Company reserves the right, in its sole discretion, to not award Points accumulated for purchases made using discount codes or other discount promotions.

1. Principle of Loyalty Program

As a Loyalty Program member, you can earn Loyalty Program points (“Points”) by (i) purchasing Element brand merchandise and eligible third-party merchandise as determined by Boardriders in its sole discretion (excludes the purchase of e-gift cards, gift cards, shipping & handling charges, and sales taxes on purchases) on the Sites and at Stores (“Eligible Purchases”); and (ii) participating in Point-earning activities offered by Company from time to time (e.g. responding to a survey, etc.). Points earned in this way give you access to select rewards (“Rewards”) as determined by Company in its sole discretion.

1. Membership in Loyalty Program To join Loyalty Program, simply ask about it at one of our Stores or join online on the Sites. You must create an online user account in order to participate in Loyalty Program. Individuals who have an existing user account with Boardriders and purchased Element merchandise within the past twelve (12) months or joined the Boardriders Club loyalty program through the Element Site before the launch of the Loyalty Program are automatically enrolled in Loyalty Program, and participation in the Loyalty Program will constitute agreement to these Terms and Conditions. Any existing and valid Boardriders Club points earned prior to an individual being automatically enrolled in Loyalty Program will be converted into an equivalent number of Points as determined by Boardriders.

You will periodically receive emails from us. Some of these will be marketing emails, if you have subscribed to receive such emails, while others will be transactional emails that relate to your membership in Loyalty Program. Examples of transactional emails include: the welcome email, account statement emails, earned Rewards emails or other communications that help us to maintain your user account. At any time, you may opt out of all emails. If you opt out of emails, you will not be notified of all Rewards opportunities that you would have otherwise been notified about had you agreed to receive marketing emails from us (e.g., birthday offer and special promotions). You may still access your loyalty membership status, earned Points and Rewards, by logging into your account.

You are responsible for the accuracy of the information you provide and shall be solely liable for any incorrect, incomplete or out-of-date information. Company reserves the right to request at any time any document to prove the identity of the person who has joined or wishes to join Loyalty Program, particularly in the case of two people with the same name.

Only one (1) membership in Loyalty Program is permitted per person and per email address. In the event of a dispute over ownership of your user account, the registration will be declared to have been made by the authorised account holder of the email address submitted at the time of enrolment. For purposes of these Terms and Conditions, the “authorised account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organisation (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Membership in Loyalty Program, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned.

1. Earning Membership Points You will begin earning Points over a 12-month period from the date on which you join Loyalty Program and will be awarded 100 Points after your first purchase as a loyalty member. You will also earn Points on all Eligible Purchases and participation in other special programs and promotional offers that may be announced by Element or its third-party partners from time to time. Points will expire twelve (12) months after they are earned on a rolling basis.

Points have no cash, monetary or real-world value. Unless a special offer is applicable, you shall earn one (1) Point for every Australian or New Zealand dollar ($1.00) you spend (as applicable, based on country of purchase) on the Sites or in a Store (excluding participating outlet stores, where 0.5 points is earned for every dollar ($1.00) you spend). Points may be earned in fractional amounts depending on the value of your purchase and will be rounded up to the next dollar. When making a purchase on the Sites, you must log-in to your user account in order to earn Points. When making a purchase at a Store, you must provide your email address or other membership information in order to earn Points on your in-store purchase. From time to time, we, or others acting with our permission, may notify you of special promotional offers that offer you “Bonus Points”. Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.

Points will cancelled or not be awarded for unauthorised or fraudulent purchases. Nor will Points be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. Points will not be earned on the following items: purchase of e-gift cards or gift cards, shipping & handling charges, and sales taxes on purchases.

No Points will be earned for purchases made on the Sites using the guest checkout option. Any purchases you make prior to joining Loyalty Program will not be eligible for Points except for purchases that earned Boardriders Club points that were converted to Points as described in Section C.

Company reserves the right, in its sole discretion, to determine and establish the value of Points. In the event of a dispute regarding the number of Points earned by a member, Company shall have the sole discretion to determine the accurate number of Points earned by such member. All decisions by Company with respect to Points are final.

1. Membership Rewards and Offers

Your membership Rewards include the following:

• Rewards: These are single-use coupons that can be used for discounts off purchases on the Sites or at Stores (excluding Outlet Stores) as described below. The amount of your Reward will be determined by the total amount of Points you have accumulated. Every 300 Points = $15 off eligible purchases. Rewards shall be awarded in $15 (Australian or New Zealand dollars, as applicable, based on country of purchase) increments as follows:
• If you accumulate 300 Points or more but less than 600 Points, you shall receive a Reward of $15 off your next purchase of $25 or more. • If you accumulate 600 Points or more but less than 900 Points, you shall receive a Reward of $30 off your next purchase of $50 or more.
  • If you accumulate 900 Points or more but less than 1200 Points, you shall receive a Reward of $45 off your next purchase of $75 or more.
  • If you accumulate 1200 Points or more but less than 1500 Points, you shall receive a Reward of $60 off your next purchase of $100 or more.
  • If you accumulate 1500 Points or more, you shall receive a Reward of $75 off your next purchase of $125 or more.
  • If you accumulate 1800 Points or more, you shall receive a Reward of $90 off your next purchase of $150 or more
  • If you accumulate 2100 Points or more, you shall receive a Reward of $105 off your next purchase of $175 or more.

Each Reward shall be valid for sixty (60) days from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase, on the Sites or at Stores (excluding Outlet Stores), of Element or other Boardriders’ brands (i.e., Quiksilver, Roxy, DC Shoes, RVCA, Billabong) in which you are also a loyalty program member. Each Reward may only be used once. Limitations on the number of Rewards that can be used in a single transaction may apply. Rewards have no market or cash value and are non-transferable. For the avoidance of doubt, Rewards are not redeemable at Outlet Stores, however you will receive Points for purchases at Outlet Stores.

• Birthday Offer: Following your enrolment in Loyalty Program, you will receive a $20 off Birthday Offer once a year on your birthday. Each Birthday Offer shall be valid for thirty (30) days from date of issuance or such other time as set forth on the Birthday Offer and is valid on a minimum purchase of $50 or more. Birthday Offers may only be used for the purchase of Element merchandise on the Sites or at Stores (excluding Outlet Stores). Each Birthday Offer may only be used once. Limitations on the number of Offers that can be used in a single transaction may apply. Offers have no market or cash value and are non-transferable.
• Anniversary Offer: Following your enrolment in Loyalty Program, you will receive a $20 off Anniversary Offer once a year on the 15th day of the month in which you enrolled in Loyalty Program. Each Anniversary Offer shall be valid for thirty (30) days from date of issuance or such other time as set forth on the Anniversary Offer and is valid on a minimum purchase of $50 or more. Anniversary Offers may only be used for the purchase of Element merchandise on the Sites or at Stores (excluding Outlet Stores). Each Anniversary Offer may only be used once. Limitations on the number of Anniversary Offers that can be used in a single transaction may apply. Anniversary Offers have no market or cash value and are non-transferable.
• Free standard shipping: You shall receive free standard shipping on all purchases made on the Sites within Australia (Australian website) and New Zealand only (New Zealand website). You must be logged into your account to activate the free standard shipping. Discount applied at check-out and only applies to shipping to one location. Free standard shipping does not apply where a discount is used through a partnership agreement including, but not limited, to VIP offers and incentives, Family and Friends offers and exclusive, closed group promotions. If a such a discount is used, shipping fees are payable by customer, including shipping fees for returns.
• Prepaid return shipping labels are provided for free for all orders with delivery addresses within Australia and New Zealand. You may return items within thirty (30) days from date of original purchase. Free standard shipping does not apply where a discount is used through a partnership agreement including, but not limited, to VIP offers and incentives, Family and Friends offers and exclusive, closed group promotions. If a such a discount is used, shipping fees are payable by customer, including shipping fees for returns.

From time-to-time Company, points may also be used for exclusive product rewards (such as beach towels) as well as ‘money can’t buy’ products and experiences (such as signed surfboards or surfing sessions with a Pro), in which case the terms applicable to those rewards shall apply, in conjunction with these Terms and Conditions. Some Rewards or Offers may only be available to residents of a particular country (e.g., Australia only or New Zealand only). Offers are not available for use at Outlet Stores. Company reserves the right to substitute Rewards or Offers at its sole discretion. Unless otherwise noted by Company, Rewards and Offers cannot be combined with any other offers. You cannot use Rewards or Offers retroactively for prior purchases. Company is not responsible for lost or stolen Rewards or Offers. If you opt out of certain types of emails, e.g., Loyalty Program emails, you may not be able to receive Rewards or Offers by email, although you will be able to view your Rewards or Offer status by visiting a Store or logging in to your Loyalty Program account.

1. Updating Your Account Participation in Loyalty Program requires an email address. A one-time code will then be sent to your email address for authentication. Anyone with access to your email address can gain access to your account. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. It is your responsibility to keep your information up to date and to notify Company of any changes by editing your user account information. You shall be solely liable for any out-of-date, incomplete or inaccurate information. Under no circumstances may Company be held liable in the event that you do not receive Points or Rewards or Offers due to out-of-date, incomplete or inaccurate information. You may close your user account by sending an email request to customerservice@elementaustralia.com.
2. Fraudulent Use of Loyalty Program Any fraud, attempted fraud or theft on the Sites or at a Store, any wrongful or inappropriate use of Loyalty Program, any abnormally high number of transactions found to have been made over one or more days, any payment incident or more generally any violation by you of these Terms and Conditions shall lead to the automatic suspension or permanent deactivation of your membership in Loyalty Program. Company reserves the right to suspend or deactivate your account, Loyalty Program and/or cancel Rewards and you shall have no right to claim any compensation. In addition, any Points acquired in violation of these Terms and Conditions or through misuse or fraudulent use shall be cancelled without any form of compensation.
3. Amendment, Failure or Interruption of Loyalty Program EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, Company reserves the right to amend these Terms and Conditions at any time, without providing you notice. Company also reserves the right to change Rewards offered, as well as to amend or cancel the Loyalty Program. Company shall be exempt from any liability for all consequences, direct or indirect, of any failures of Loyalty Program. No amendment, withdrawal or failure of Loyalty Program shall give you an entitlement to compensation. If Loyalty Program is suspended, changed or cancelled, any Points earned may no longer be valid or honoured by Company, at Company’s sole discretion.
4. Privacy and Collection of Personal Information We are dedicated to safeguarding personal privacy. For more information about our collection and use of your personal information, please view our Privacy Policy.

 

IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR PARTICIPATING IN LOYALTY PROGRAM, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM MEMBERSHIP IN LOYALTY PROGRAM, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE OR MISUSE OF LOYALTY PROGRAM.

BY PARTICIPATING IN LOYALTY PROGRAM, YOU ACKNOWLEDGE THAT LOYALTY PROGRAM, THE REWARDS, OFFERS, AND THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE SITES, LOYALTY PROGRAM, THE REWARDS OR OFFERS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITES OR LOYALTY PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE SITES, LOYALTY PROGRAM, THE REWARDS OR OFFERS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE SITES, OR WITH RESPECT TO LOYALTY PROGRAM, REWARDS OR OFFERS WILL BE CORRECTED.

PARTICIPATION IN LOYALTY PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ELECTRICAL SYSTEM, WIRELESS ROUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITES OR IN CONNECTION WITH LOYALTY PROGRAM. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.